BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1129


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          Date of Hearing:  April 14, 2015


                            ASSEMBLY COMMITTEE ON HEALTH


                                  Rob Bonta, Chair


          AB 1129  
          Burke - As Amended April 6, 2015


          SUBJECT:  Emergency medical services:  data and information  
          system.


          SUMMARY:  Requires an emergency medical services (EMS) provider,  
          when collecting and sharing data with a local emergency medical  
          services agency (LEMSA), to use a system compatible with  
          California Emergency Medical Services Information System  
          (CEMSIS) and National Emergency Medical Services Information  
          System (NEMSIS) standards, as specified.  Prohibits a LEMSA from  
          mandating that an EMS provider use a specific system to collect  
          and share this data.


          EXISTING LAW:


          1)Establishes the state EMSA which is responsible for the  
            coordination and integration of all state activities  
            concerning EMS, including establishing the minimum standards  
            for the policies and procedures necessary for medical control  
            of the EMS system.



          2)Requires EMSA, utilizing local and regional information to  








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            asses each EMS area or LEMSA service area to determine the  
            need for additional EMS services, coordination of EMS  
            services, and the effectiveness of EMS services.



          3)Requires EMSA to develop planning and implementation  
            guidelines for EMS systems which address specified components,  
            including communications, system organization and management,  
            and data collection and evaluation.

          4)Authorizes counties to develop an EMS program and designate a  
            LEMSA responsible for planning and implementing an EMS system,  
            which includes day-to-day EMS system operations.



          FISCAL EFFECT:  This bill has not yet been analyzed by a fiscal  
          committee.


          COMMENTS:


          1)PURPOSE OF THIS BILL.  According to the author, current law  
            authorizes LEMSAs to plan, implement, and oversee day-to-day  
            EMS in California.  In order to monitor local EMS providers  
            and services, LEMSAs collect data from those providers.  The  
            author further states, as local providers have shifted to  
            electronic patient records; the potential for better analysis  
            of EMS has increased.  LEMSAs are able to provide the data  
            they collect from EMS providers to EMSA through CEMSIS  
            compatible software.  Although the software and hardware must  
            be compatible with CEMSIS, there are many different systems in  
            use and many more available.  The author explains that without  
            guidelines in law, LEMSAs are able to require EMS providers in  
            their jurisdiction to purchase specific software or hardware  
            for data collection.  By requiring providers that cover  
            multiple counties or contract with multiple LEMSAs, purchase  








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            specific software and/or hardware can be an unnecessary and  
            costly burden.  The author asserts existing law is silent on  
            whether or not a LEMSA can require a specific hardware or  
            software provider for EMS providers in their jurisdiction.




          2)BACKGROUND.  NEMSIS was formed in 2001 by the National  
            Association of State EMS Directors, in conjunction with the  
            National Highway Traffic Safety Administration and the  
            Trauma/EMS Systems program of the Health Resources and  
            Services Administration's Maternal Child Health Bureau, in  
            order to develop a national EMS database.  NEMSIS is the  
            national repository that will be used to potentially store EMS  
            data from every state in the nation, and was developed to help  
            states collect more standardized elements to allow submission  
            to the national database.



          According to EMSA, CEMSIS is a demonstration project for  
            improving EMS data analysis across California. CEMSIS offers a  
            secure, centralized data system for collecting data about  
            individual EMS requests, patients treated at hospitals, and  
            EMS provider organizations.  EMSA states that at least 14 of  
            California's 33 LEMSAs currently send a variety of local data  
            collections to CEMSIS on a voluntary basis, and in return,  
            these local agencies gain access to digital tools for running  
            comprehensive reports on their own data at no cost.

          EMSA states when fully operational with 100% local  
            participation, it is estimated that CEMSIS will catalogue more  
            than 3 million EMS events per year.  According to EMSA, it  
            will use the data to develop and coordinate high quality  
            emergency medical care in California through activities such  
            as healthcare quality programs that monitor patient care  
            outcomes, agency collaboration across jurisdictional  
            boundaries, and public health surveillance.








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          On October 1, 2014, the NEMSIS Technical Advisory Committee  
            announced that California was the first state to successfully  
            transmit NEMSIS Version 3 EMS data to the national repository  
            using field and statelevel software "certified compliant".   
            NEMSIS Version 3, provides a set of tools that EMS  
            professionals can use to integrate EMS patient care data with  
            electronic medical records at hospitals, leading to better  
            patient outcomes and a smarter system of care.
          3)SUPPORT.  The California Ambulance Association, the sponsor of  
            this bill, along with the Los Angeles County Ambulance  
            Association, and several ambulance providers write in support  
            of this bill.  Supporters state that the growing practice of  
            LEMSAs to direct or require EMS providers in their region to  
            purchase and employ specific software vendors undermines the  
            purpose of a universal standard allowing providers to use  
            whatever system is most efficient and effective for their area  
            of operation, so long as it complies with the universal  
            standard.  Supporters write that there are numerous programs  
            and vendors compatible with NEMSIS standards that can  
            facilitate the exchange of healthcare information the state  
            and federal data repositories.


          4)OPPOSITION.  The California Right to Life Committee (CRLC)  
            writes in opposition to this bill.  The CRLC is concerned  
            about the provision of the bill that would require the EMS  
            providers' data systems be integrated with the LEMSA's data  
            system and this could eventually include data on a statewide  
            Physicians' Orders for Life Sustaining Treatment Registry  
            (POLST) or other similar end of life registries.  CRLC is  
            opposed to a POLST type form of end of life decisionmaking in  
            which medical and nonmedical complete the form and the patient  
            is not required to sign or verify the statements.  If a  
            person's name is automatically entered into a statewide or  
            national registry, the person may not be treated properly if  
            paramedics are called and their true choices for end of life  
            decisions may not be known.









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          5)POLST.  According to the POLST Legislative Guide, approved  
            February 28, 2014 by the National POLST Paradigm Task Force,  
            the POLST Paradigm is a clinical process designed to  
            facilitate communication between health care professionals and  
            patients with serious illness or frailty (or their authorized  
            surrogate).  The POLST paradigm promotes the use of a highly  
            visible, portable medical form that transfers from one setting  
            to another with the patient.  Current law requires the form to  
            be completed by a health care provider based on patient  
            preferences and medical indications, and signed by a physician  
            and the patient or his or her "legally recognized health care  
            decision maker."  Current law requires the health care  
            provider, during the process of completing the form, to inform  
            the patient about the difference between an advance health  
            care directive and the POLST form.  An advance health care  
            directive is a health care instruction or a power of attorney  
            for health care that allows an individual to provide their  
            health care decisions or assign a legal representative to make  
            medical decisions on their behalf.  Unlike the POLST, state  
            law requires information about end of life care, advance  
            health care directives, and registration of the advance health  
            care directives at a registry available on the Websites of the  
            Secretary of State, the Department of Health Care Services,  
            the office of the Attorney General, the Department of Managed  
            Health Care, the California Department of Insurance, the Board  
            of Registered Nursing, and the Medical Board of California.


          6)OPPOSE UNLESS AMENDED.  The Emergency Medical Services  
            Administrators Association of California and the EMS Medical  
            Directors Association of California are both opposed to this  
            bill, unless it is amended.  The opposition writes that  
            although they are supportive of the concept of the use of  
            electronic EMS data, they are opposed to the prohibition of  
            LEMSAs mandating specific data collection systems.  According  
            to the opposition, while it is uncommon for a LEMSA to require  
            a single system-wide patient care record system, such an  








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            approach could be in the best interest of patients to assure  
            the transfer and continuity of patient care data from  
            prehospital providers, receiving hospitals, and specialty care  
            centers.


          7)RELATED LEGISLATION.  


             a)   AB 70 (Waldron) changes the reporting requirement that  
               EMSA report annually to the Legislature on the  
               effectiveness of the statewide trauma system to once every  
               five years.  AB 70 is currently pending hearing in the  
               Assembly Health Committee.


             b)   AB 503 (Rodriguez) allows a health facility to release  
               patient-identifiable medical information to an EMS provider  
               and LEMSA when specific data elements are requested for the  
               purpose of quality assessment and improvement.  Requires  
               EMSA to develop minimum standards for the implementation of  
               this data collection system.  AB 503 was hear in this  
               Committee on April 7, 2015 and passed on a vote of 17-0 and  
               is currently pending the Assembly Appropriations Committee.


             c)   AB 430 (Roger Hernández) requires EMSA to develop a  
               statewide trauma plan that addresses all aspects of a  
               trauma care system and report the status the plan to the  
               Legislature no later than March 31, 2016.  Requires LEMSAs  
               implementing trauma care systems to commission an  
               independent nonprofit organization or governmental entity  
               qualified to assess trauma systems to conduct a  
               comprehensive regional assessment of equitability and  
               access to its trauma system at least once every five years.  
                AB 430 is currently pending hearing in the Assembly Health  
               Committee.










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             d)   AB 791 (Cooley) requires DHCS to establish a registry  
               for people to file their end of life directives.  AB 791 is  
               pending hearing in this Committee


             e)   AB 637 (Campos) expands the ability to sign a POLST form  
               to nurse practitioners and physician assistants (current  
               law only allows a physician to sign the POLST form).  AB  
               637 passed the Assembly Judiciary Committee on April 7,  
               2015 on a vote of 10-0.


          8)PREVIOUS LEGISLATION.


             a)   AB 1975 (Roger Hernández) of 2014 would have required  
               LEMSAs to contract with the American College of Surgeons  
               every five years to conduct a comprehensive assessment of  
               the county trauma system.  AB 1975 was held on the Suspense  
               file in the Assembly Appropriations Committee.
             b)   AB 1621 (Lowenthal and Rodriguez), also of 2014, would  
               have required EMSA to develop the State Emergency Medical  
               Services Data and Information System in order to assess  
               each EMS area or LEMSAs service area to determine the need  
               for additional EMS services, coordination of EMS services,  
               and the effectiveness of EMS.  AB 1621 was held on the  
               Suspense file in the Senate Appropriations Committee.


             c)   SB 266 (Romero) of 2005 would have required EMSA to  
               establish a trauma care advisory committee and required the  
               committee to develop a statewide trauma care plan by  
               January 1, 2007.  SB 266 was vetoed by Governor  
               Schwarzenegger, stating " I am directing EMSA, informed by  
               its Trauma Advisory Committee, to complete its statewide  
               trauma care plan and provide me recommendations by no later  
               than June 1, 2006." 










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             d)   AB 1988 (Diaz), Chapter 333, Statutes of 2002, requires  
               EMSA to convene a task force to study the delivery and  
               provision of EMS.  Requires the task force, among other  
               things, to develop a plan to ensure that all Californians  
               are served by appropriate coverage areas for emergency and  
               trauma services and that sufficient numbers of emergency  
               departments and trauma centers exist to serve each area's  
               population.


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Ambulance Association of Orange County (sponsor)


          AmbuServe Ambulance


          California Ambulance Association


          Care Ambulance Service, Inc.


          Emergency Ambulance Service, Inc.


          Los Angeles County Ambulance Association, Inc.


          Shoreline Ambulance










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          Opposition


          California Right to Life Committee, Inc.




          Analysis Prepared by:Patty Rodgers / HEALTH / (916) 319-2097